AGK Sierra de Montserrat, L.P. v. Comerica Bank

Filing 25

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/15/16 ORDERING for good cause shown in the parties' stipulation, the request to continue is approved. All fact discovery shall be completed by October 17, 2016. The balance of the status (pretrial scheduling) order, ECF No. 11 , remains in effect. (Becknal, R)

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Timothy J. Gorry, Esq. (State Bar No. 143797)
Edward E. Johnson, Esq. (State Bar No. 241065)
THEODORA ORINGHER PC
1840 Century Park East, Suite 500
Los Angeles, California 90067-2120
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
AGK Sierra de Montserrat, L.P.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION

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AGK SIERRA de MONTSERRAT,
L.P., a Delaware limited partnership,

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Case No. 2:15-cv-01280-KJM-DB
Honorable Kimberly J. Mueller

Plaintiff,
vs.

STIPULATION TO EXTEND
DISCOVERY CUTOFF

COMERICA BANK, a Texas
corporation; and DOES 1 through 10,
inclusive,

Complaint Filed: April 29, 2015
Trial Date: July 17, 2017

Defendants.

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Plaintiff AGK Sierra de Montserrat, L.P. (“AGK”) and Defendant Comerica
Bank (“Comerica”) hereby stipulate and agree as follows:
WHEREAS, on November 5, 2015, the Court entered a scheduling order setting
the fact discovery cutoff for August 18, 2016 [ECF Docket No. 11];

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WHEREAS, the parties have agreed that additional time is required to complete

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fact discovery, in part due to the severely impacted schedule of lead trial counsel for

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Comerica, Frank R. Perrott:

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 For the past several months, Mr. Perrott has been preparing for trial as the lead

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attorney in two cases – Delmanowski v. Gordon, Sonoma County Superior Court
4848-7736-0694.1

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STIPULATION TO EXTEND DISCOVERY CUTOFF

2:15-cv-01280-KJM-DAD

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Case No. SCV254939, and County of Calaveras v. Thornton, El Dorado County

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Superior Court Case No. SC20150086. The Delmanowski matter had an original

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trial date of March 11, 2016, which was then continued to April 22, 2016. In

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addition to preparing for the trial in the Delmanowski case, Mr. Perrott had a trial

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date of March 21, 2016, in the County of Calaveras case, which was vacated by

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the court to accommodate Mr. Perrott’s trial in the Delmanowski case and

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continued to August 8, 2016. Thus, Mr. Perrott has been continuously preparing

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for trial since February of 2016 and he will begin a minimum 10-day jury trial in

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the County of Calaveras case on August 8, 2016.

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 Mr. Perrott is or has been the lead attorney in the present case and numerous

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related cases involving related subject matter including: (1) Comerica v. Curtis

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A. Westwood, Sacramento County Superior Court Case No. 34-2009-00037023;

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(2) Westwood Homes, Inc. v. Comerica Bank, Sacramento County Superior

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Court Case No. 34-2010-00073815; (3) Westwood Montserrat, Ltd. v. AGK

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Sierra De Montserrat L.P., Placer County Superior Court Case No.

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SCV0028027; (4) Wildlife Heritage Foundation v. Comerica Bank, Placer

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County Superior Court Case No. SCV0028106; (5) Comerica Bank v. Westwood

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Homes, Inc., Sacramento County Superior Court Case No. 34-2012-00124602;

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and (6) Westwood Montserrat, Ltd. v. Comerica Bank, Placer County Superior

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Court Case No. SCV0034161. Due to Mr. Perrot’s intimate knowledge of the

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underlying facts, his significant participation during the depositions of the key

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percipient and expert witnesses in the present case is essential for the effective

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and cost-efficient representation of Comerica.

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 The parties have been working diligently to complete discovery. Among other

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things, Comerica recently subpoenaed voluminous records from third-party

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witness First American Title Insurance Company.

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WHEREAS, a 60-day extension of the fact discovery cutoff will not require the

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modification of the trial date or any other date set in the Scheduling Order;
4848-7736-0694.1

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STIPULATION TO EXTEND DISCOVERY CUTOFF

2:15-cv-01280-KJM-DAD

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WHEREAS, this is the first request by either party to extend any date in the

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Scheduling Order, and the request is made in good faith and not for the purpose of

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delay.

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NOW, THEREFORE, IT IS HEREBY STIPULATED that the fact discovery
cutoff should be extended by 60 days, to October 17, 2016.
IT IS SO STIPULATED.
DATED: August 8, 2016

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By: /s/ Edward E. Johnson
Edward E. Johnson
Attorneys for Plaintiff
AGK Sierra de Montserrat, L.P.

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THEODORA ORINGHER PC

DATED: August 7, 2016

LEWIS BRISBOIS BISGAARD & SMITH LLP

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By: /s/ Frank R. Perrott
Frank R. Perrott
Attorneys for Defendant Comerica Bank

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----------------------------------------------------------------------------------------------------For good cause shown in the parties’ stipulation, the request to continue

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is approved. All fact discovery shall be completed by October 17, 2016. The

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balance of the status (pretrial scheduling) order, ECF No. 11, remains in effect.

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IT IS SO ORDERED.

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Dated: August 15, 2016

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UNITED STATES DISTRICT JUDGE

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4848-7736-0694.1

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STIPULATION TO EXTEND DISCOVERY CUTOFF

2:15-cv-01280-KJM-DAD